| Case ID |
17c7645e-ef57-4926-bae7-bd2575151ca7 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 12518-B of 2011 |
| Decision Date |
Oct 04, 2011 |
| Hearing Date |
|
| Decision |
The petition for post-arrest bail filed by Muhammad Jahangir was allowed by the Lahore High Court. The court noted that the petitioner had been illegally detained by local police prior to the filing of the F.I.R. Furthermore, there was a grudge against the petitioner and his family from the police due to a prior incident where a bailiff had to recover the petitioner and his mother from illegal detention. The court found that the narcotics recovered were slightly above the prescribed limit, and since the petitioner had no previous criminal record and had already been in custody for four months without further need for investigation, bail was granted with conditions. |
| Summary |
In the case of Muhammad Jahangir vs. The STATE, the Lahore High Court addressed a petition for post-arrest bail concerning the possession of narcotics under the Control of Narcotic Substances Act. The petitioner, Muhammad Jahangir, argued that he had been wrongfully detained by police officials who bore a grudge against him for a previous incident involving his illegal detention. The court acknowledged the significant circumstances surrounding his arrest, including the excessive amount of narcotics alleged to have been found on him, which was slightly over the legal limit. Given that the petitioner had no prior criminal record and had already been in custody for around four months, the court determined that further inquiry was warranted before imposing any severe penalties. Ultimately, the court allowed the bail application, highlighting the need for justice and fair treatment within the legal system. This case emphasizes the importance of due process and the implications of police misconduct, particularly in cases involving narcotics. The decision serves as a reminder of the legal protections available to individuals against wrongful detention and the necessity for law enforcement to adhere to lawful procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Mehmood Maqbool Bajwa
|
| Lawyers |
Syed Faiz-ul-Hassan,
Khurram Khan, D.P.G.
|
| Petitioners |
Muhammad Jahangir
|
| Respondents |
The STATE and another
|
| Citations |
2013 SLD 2427,
2013 YLR 547
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXV of 1997)
|
| Sections |
497(2),
9(c)
|